PRTD from outside Canada on HC with child

[DaphneJ]

I was a landed immigrant in 2000 and lived in Canada about 1050 days and in 2005 I left due to family reasons. I had a valid PR expiry date 2010, was planning to come back. But I had a baby in 2006 in my home country and my exhusband did not allow her to travel to Canada. I divorced in 2015 but only got the permission to travel abroad this month finally. I do not have anyone I can leave my daughter - not the father even . My daughter is not Canadian citizen.
1-Can this be acceptable for PRTD on HC?
2-Should I apply for travel visa for my daughter after I get the PRTD ? The processing times for travel visa are also very long in my country
3-Can I sponsor my daughter or how can I make her study legally in Canada?
4-Can I work with PRTD with my old SIN ?
Thanks,

 

[canuck78]

I was a landed immigrant in 2000 and lived in Canada about 1050 days and in 2005 I left due to family reasons. I had a valid PR expiry date 2010, was planning to come back. But I had a baby in 2006 in my home country and my exhusband did not allow her to travel to Canada. I divorced in 2015 but only got the permission to travel abroad this month finally. I do not have anyone I can leave my daughter - not the father even . My daughter is not Canadian citizen.
1-Can this be acceptable for PRTD on HC?
2-Should I apply for travel visa for my daughter after I get the PRTD ? The processing times for travel visa are also very long in my country
3-Can I sponsor my daughter or how can I make her study legally in Canada?
4-Can I work with PRTD with my old SIN ?
Thanks,

You have not been in Canada for around 20 years and left as an adult so I fail to see grounds for a PRTD H&C application. You still have status in Canada so could enter via the US border if you have a US visa and see if you get reported. Given your very long absence from Canada chances of being reported are quite high. If reported you could attempt to keep your PR status by appealing but again chances are not great. The fact that you won’t have a valid PR card will prevent you from getting a health card in many provinces so you would not have access to public healthcare for many years. The big issue is your child. If they are not from a visa exempt country then you could attempt to get them a TRV but if denied you would have to come to Canada on your own to try to keep your status. If your child entered as a visitor you would need to wait until you were compliant with your RO before you could sponsor them which would take 2 years. They may not be able to access healthcare or public schooling without a study permit and paying international fees until they get PR. Visiting Canada for 2-3 years and extending their visitor status every 6 months many not be possible and they could be asked to return home at a certain point. Even if they arrived on a TRV they could also be denied entry to Canada if there are concerns that they are not a genuine visitor. You would need to prove that you have the savings to support yourselves in Canada. What is your custody situation and will the child’s father give permission to move to visit or move to Canada?

 

[canuck78]

I was a landed immigrant in 2000 and lived in Canada about 1050 days and in 2005 I left due to family reasons. I had a valid PR expiry date 2010, was planning to come back. But I had a baby in 2006 in my home country and my exhusband did not allow her to travel to Canada. I divorced in 2015 but only got the permission to travel abroad this month finally. I do not have anyone I can leave my daughter - not the father even . My daughter is not Canadian citizen.
1-Can this be acceptable for PRTD on HC?
Not strong grounds for PRTD based on H&C but you can certainly try

2-Should I apply for travel visa for my daughter after I get the PRTD ? The processing times for travel visa are also very long in my country
Would see if you can get a PRTad based on H&C first if you don’t have a US visa


3-Can I sponsor my daughter or how can I make her study legally in Canada?
You will need to wait until you meet your residency obligation before you can sponsor your child. After the 2 years you can start the sponsorship process which will take 6-12 months. There are no guarantees that your child can visit Canada for 2-3 years. There are also no guarantees that your child can attend public school for free without a study permit. It will be dependent on the school district. It looks like they are close to attending post secondary education. They will need proof of being a PR or a study permit to attend college or university in Canada.
4-Can I work with PRTD with my old SIN ?
Your old SIN may be on hold and you may have to deactivate it but you should be able to work.

Just to clarify your PR card expired in 2010 not your PR status but you no longer met your RO sometime between 2005-2010 since after 2005 you need to meet the 730 days out of 5 years on any day to be compliant with your RO. When did you live in Canada between 2000-2005?

 

[scylla]

I was a landed immigrant in 2000 and lived in Canada about 1050 days and in 2005 I left due to family reasons. I had a valid PR expiry date 2010, was planning to come back. But I had a baby in 2006 in my home country and my exhusband did not allow her to travel to Canada. I divorced in 2015 but only got the permission to travel abroad this month finally. I do not have anyone I can leave my daughter - not the father even . My daughter is not Canadian citizen.
1-Can this be acceptable for PRTD on HC?
2-Should I apply for travel visa for my daughter after I get the PRTD ? The processing times for travel visa are also very long in my country
3-Can I sponsor my daughter or how can I make her study legally in Canada?
4-Can I work with PRTD with my old SIN ?
Thanks,

1. I agreed that your chances of getting a PRTD approved under H&C are extremely low. You can certainly try. But be prepared that the PRTD will most likely be refused. If the PRTD is refused, then you would lose your PR status officially and would then need to reapply for PR from scratch under one of the current economic immigration programs like Express Entry.
2. Yes, your daughter will need a TRV to travel to Canada.
3. If your PRTD is approved, then you would need to travel to Canada and then submit an application to sponsor your daughter once you are in Canada. If your PRTD is approved and her TRV is approved and she comes with you to Canada, then I believe she will be allowed to study at the secondary school level without a study permit once you've sponsored her for PR. She would need a study permit if she wants to study at the post secondary school level (i.e. college or university).
4. Yes. But first see if your PRTD is approved. Again, I think the chances are unfortunately extremely low.

 

[canuck78]

1. I agreed that your chances of getting a PRTD approved under H&C are extremely low. You can certainly try. But be prepared that the PRTD will most likely be refused. If the PRTD is refused, then you would lose your PR status officially and would then need to reapply for PR from scratch under one of the current economic immigration programs like Express Entry.
2. Yes, your daughter will need a TRV to travel to Canada.
3. If your PRTD is approved, then you would need to travel to Canada and then submit an application to sponsor your daughter once you are in Canada. If your PRTD is approved and her TRV is approved and she comes with you to Canada, then I believe she will be allowed to study at the secondary school level without a study permit once you've sponsored her for PR. She would need a study permit if she wants to study at the post secondary school level (i.e. college or university).
4. Yes. But first see if your PRTD is approved. Again, I think the chances are unfortunately extremely low.

@DaphneJ
Whether you can study without PR is dependent on school district. Some are sanctuary districts while some are not (they are the minority). With proof of sponsorship there may be some flexibility. Best to check with the school district and get things in writing. If the mother doesn’t have a valid PR card and doesn’t have proof of residing in Canada in the past 20 years that could also could cause issues when trying to register a child for high school in some districts.

 

[scylla]

@DaphneJ
Whether you can study without PR is dependent on school district. Some are sanctuary districts while some are not (they are the minority). With proof of sponsorship there may be some flexibility. Best to check with the school district and get things in writing. If the mother doesn’t have a valid PR card and doesn’t have proof of residing in Canada in the past 20 years that could also could cause issues when trying to register a child for high school in some districts.

IRCC actually has something to say about this that you may want to read:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html

Is a study permit required? [A30(2)]
Minor children already in Canada are authorized to study without a study permit at the pre-school, primary or secondary level if

• they are either accompanying parents claiming refugee status or are claimants themselves;
• one of their parents (biological or adoptive) is a Canadian citizen or permanent resident;
• one of their parents (biological or adoptive) is authorized to work or study in Canada; this includes temporary residents who are
  • work permit holders,
  • study permit holders,
  • visitor status holders (e.g., visitor record holders) who are either authorized to work without a permit, as per section 186 of the Immigration and Refugee Protection Regulations (IRPR), or authorized to study without a permit, as per section R188; or
• neither parent is physically in Canada.

Minor children intending to study are required to apply for a study permit before entering Canada.
It should be noted that minor children of a temporary resident (visitor) who is not authorized to work or study require a study permit to study in Canada.

 

[DaphneJ]

You have not been in Canada for around 20 years and left as an adult so I fail to see grounds for a PRTD H&C application. You still have status in Canada so could enter via the US border if you have a US visa and see if you get reported. Given your very long absence from Canada chances of being reported are quite high. If reported you could attempt to keep your PR status by appealing but again chances are not great. The fact that you won’t have a valid PR card will prevent you from getting a health card in many provinces so you would not have access to public healthcare for many years. The big issue is your child. If they are not from a visa exempt country then you could attempt to get them a TRV but if denied you would have to come to Canada on your own to try to keep your status. If your child entered as a visitor you would need to wait until you were compliant with your RO before you could sponsor them which would take 2 years. They may not be able to access healthcare or public schooling without a study permit and paying international fees until they get PR. Visiting Canada for 2-3 years and extending their visitor status every 6 months many not be possible and they could be asked to return home at a certain point. Even if they arrived on a TRV they could also be denied entry to Canada if there are concerns that they are not a genuine visitor. You would need to prove that you have the savings to support yourselves in Canada. What is your custody situation and will the child’s father give permission to move to visit or move to Canada?

Thank you very much for the detailed explanations. Yes, I have full custody and I had the full permission to travel abroad (only with me).

 

[DaphneJ]

1. I agreed that your chances of getting a PRTD approved under H&C are extremely low. You can certainly try. But be prepared that the PRTD will most likely be refused. If the PRTD is refused, then you would lose your PR status officially and would then need to reapply for PR from scratch under one of the current economic immigration programs like Express Entry.
2. Yes, your daughter will need a TRV to travel to Canada.
3. If your PRTD is approved, then you would need to travel to Canada and then submit an application to sponsor your daughter once you are in Canada. If your PRTD is approved and her TRV is approved and she comes with you to Canada, then I believe she will be allowed to study at the secondary school level without a study permit once you've sponsored her for PR. She would need a study permit if she wants to study at the post secondary school level (i.e. college or university).
4. Yes. But first see if your PRTD is approved. Again, I think the chances are unfortunately extremely low.

If my PRTD is refused, than I do not need to renounce my PR status, right? And can directly apply via express entry or have a tourist visa

 

[scylla]

If my PRTD is refused, than I do not need to renounce my PR status, right? And can directly apply via express entry or have a tourist visa

Correct.

 

[canuck78]

IRCC actually has something to say about this that you may want to read:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html

Is a study permit required? [A30(2)]
Minor children already in Canada are authorized to study without a study permit at the pre-school, primary or secondary level if

• they are either accompanying parents claiming refugee status or are claimants themselves;
• one of their parents (biological or adoptive) is a Canadian citizen or permanent resident;
• one of their parents (biological or adoptive) is authorized to work or study in Canada; this includes temporary residents who are
  • work permit holders,
  • study permit holders,
  • visitor status holders (e.g., visitor record holders) who are either authorized to work without a permit, as per section 186 of the Immigration and Refugee Protection Regulations (IRPR), or authorized to study without a permit, as per section R188; or
• neither parent is physically in Canada.

Minor children intending to study are required to apply for a study permit before entering Canada.
It should be noted that minor children of a temporary resident (visitor) who is not authorized to work or study require a study permit to study in Canada.

Without a valid PR card schools can still refuse to accept children without a study permit because they can’t tell if you are a PR and they aren’t familiar with the immigration system so depend on certain requirements for proof of PR status. You can certainly take the school to court and have a valid case but that would both take a long time and be expensive.

 

[YVR123]

IRCC actually has something to say about this that you may want to read:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html

Is a study permit required? [A30(2)]
Minor children already in Canada are authorized to study without a study permit at the pre-school, primary or secondary level if

• they are either accompanying parents claiming refugee status or are claimants themselves;
• one of their parents (biological or adoptive) is a Canadian citizen or permanent resident;
• one of their parents (biological or adoptive) is authorized to work or study in Canada; this includes temporary residents who are
  • work permit holders,
  • study permit holders,
  • visitor status holders (e.g., visitor record holders) who are either authorized to work without a permit, as per section 186 of the Immigration and Refugee Protection Regulations (IRPR), or authorized to study without a permit, as per section R188; or
• neither parent is physically in Canada.

Minor children intending to study are required to apply for a study permit before entering Canada.
It should be noted that minor children of a temporary resident (visitor) who is not authorized to work or study require a study permit to study in Canada.

The child is already 17 years old. By the time OP can entered into Canada, her child may be too old to attend high school. (depending on school district policy for school age child) For post secondary, the child will need to apply for study permit and pay for international student titution until he/she gets her PR. (2+ years for OP to meet her RO and then 1+ years to sponsor)

 

[canuck78]

The child is already 17 years old. By the time OP can entered into Canada, her child may be too old to attend high school. (depending on school district policy for school age child) For post secondary, the child will need to apply for study permit and pay for international student titution until he/she gets her PR. (2+ years for OP to meet her RO and then 1+ years to sponsor)

Very good point. If finished high school they would need a study permit and would need to pay international fees even if mother is a PR and even if they had a valid PR card.